[2021] KEHC 499 (KLR)
The court found that the applicant, having already served more than two months of her three-month sentence for the offence of possession of alcoholic drinks for sale without a licence, was not suitable for placement on community service order. However, in view of the objective to decongest the women prison and...
Source-derived case information.
- Citation
- [2021] KEHC 499 (KLR)
- Parties
- Applicant: Lydia Kimetto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E110 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Applicant ordered released forthwith unless lawfully held for another reason.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Possession of Alcohol Without Licence, Alcoholic Control Act, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Kimetto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant should continue serving the sentence for possession of alcoholic drinks for sale without a licence.
- 2 Whether the applicant is suitable for placement on community service order (CSO).
- 3 Whether the applicant should be released to decongest the women prison.
Ratio Decidendi
The court found that the applicant, having already served more than two months of her three-month sentence for the offence of possession of alcoholic drinks for sale without a licence, was not suitable for placement on community service order. However, in view of the objective to decongest the women prison and considering the time already served, the court exercised its discretion to order the applicant's immediate release unless lawfully held for another reason.
Court Disposition
Applicant ordered released forthwith unless lawfully held for another reason.
Orders
- The applicant be released forthwith unless she is lawfully held for any other reason.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION NO.E110 OF 2021
LYDIA KIMETO.............................................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
REVISION RULING
1. The Applicant LYDIA KIMETTO was fined Kshs.10,000/= in default she was sentenced to 3 months imprisonment on 28/10/2021 for the offence of being in possession of Alcoholic Drinks for sale without a licence contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Control Act No.4 of 2010.
2. The Applicant has already served more than 2 months and she is due for release on 28/12/2021.
3. I find that she is not suitable to be place on CSO. Since this file has been called for with a view to decongest the women prison I direct that the Applicant be released forthwith unless she is lawfully held for any other reason.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF DECEMBER 2021.
A. N. ONGERI
JUDGE